What Should a Tenant Document to Protect the Security Deposit When Moving Out?

Last updated: 25 July 2026

You have emptied the property, cleaned the walls and are ready to return the keys. The landlord says that the paint is old, the flooring is scratched and the kitchen cabinets are worn, and therefore intends to deduct money from the security deposit. You believe these marks are the result of normal use, but the photographs taken when you moved in are missing, there is no inventory and no written key-handover record has been prepared.

A large proportion of security-deposit disputes arise not because it is impossible to decide who is right on the move-out date, but because the condition of the property at the beginning and at the end cannot be proved. The strongest protection for a tenant is to prepare an organised “move-out file” before returning the property. This file should not consist only of photographs. Meter readings, the number of keys, fixtures, cleaning and repair documents, rent and service-charge payments and a written handover record should be prepared together.

Brief Answer: What Is the Most Important Document for Protecting the Deposit?

There is no single decisive document. A chain of mutually supporting records is required. The strongest preparation includes photographs and videos comparing the move-in and move-out condition, a signed key-handover report, an inventory check, meter readings, proof of the final rent, service charges and utility payments, and written communication showing how and when the deposit will be returned.

Under the Turkish Code of Obligations, the tenant must return the rented property in the condition in which it was received, but is not liable for deterioration resulting from use in accordance with the agreement. The landlord must inspect the property at the time of return and immediately notify the tenant in writing of defects for which the tenant is considered responsible. Documenting the move-out date is therefore important for both parties.

Three Basic Legal Rules on Security Deposits

1. The Security May Not Exceed Three Months’ Rent

For residential and roofed commercial leases, where security is agreed, it may not exceed three months’ rent. If the security is paid in money, the Code provides for deposit in a savings account that cannot be withdrawn without the landlord’s consent. In practice, direct payment to the landlord is also common, but this method may create proof and recovery problems at the refund stage.

2. Normal Wear and Tear Is Not the Tenant’s Responsibility

The tenant cannot be held responsible for ordinary deterioration arising from use in accordance with the lease. Paint fading over time, reasonable wear on a frequently used floor or an old appliance reaching the end of its economic life are not the same as a broken door, burnt worktop or missing fixture caused by careless use. The age of the property, duration of use, initial condition and nature of the damage must be considered.

3. The Landlord Should Notify Defects at the Time of Return

When receiving the keys and property, the landlord should inspect the condition and immediately notify the tenant in writing of defects for which the tenant is considered responsible. Hidden defects that cannot be discovered by an ordinary inspection are treated differently and should be notified without delay after discovery. A move-out report clarifies which issues were visible at handover.

The Deposit File: What to Do 48 Hours Before Moving Out

Find the lease and move-in report: Mark the deposit amount, inventory, painting terms and handover conditions.
Locate the move-in photographs: Place earlier scratches, stains, broken items and missing fixtures in a separate folder.
Photograph every room systematically: Take a general view from the doorway, then walls, ceiling, floor, windows, sockets, fixed furniture and appliances.
Document the meters: Show the serial number and final reading of the electricity, water and natural-gas meters in the same image.
Test the fixtures: Record the operation of the boiler, air conditioner, built-in appliances, taps, toilet, shutters and other equipment.
Count the keys: List building, apartment, mailbox, parking, storage and remote-control keys.
Collect payment records: Prepare the final rent, service-charge, utility and repair receipts.
Draft the handover report in advance: Do not sign an empty sheet in a hurry on the move-out date. Prepare a form covering every relevant item.

How Should Photographs and Videos Be Taken?

A few wide-angle photographs showing a clean room are not enough. For each room, move from the general view to detail. Wall corners, door edges, flooring joints, cupboard interiors, the area under sinks, balconies, window frames and fixed appliances should be visible separately. Areas likely to generate a damage allegation should be photographed both close up and from a distance.

Keep the original date information of the files and do not rely only on compressed copies sent through messaging applications. Where possible, make short continuous videos stating the full address, date and room name at the beginning. Avoid unnecessarily recording identity documents, neighbours or other third parties.

Move-In and Move-Out Comparison Table

Area	Condition at move-in	Condition at move-out	Record
Living-room wall	Two small screw holes already present	Same holes, no new damage	Move-in and move-out photographs
Flooring	Old scratch near the door	Same scratch, general signs of use	Dated close-up image
Built-in oven	Received in working order	Returned in working order	Video and inventory report
Water meter	Initial reading	Final reading	Photograph showing serial number
Keys	Three apartment and two building keys	All returned	Signed key-handover record

How Is Normal Wear Distinguished from Damage for Which the Tenant May Be Liable?

Condition	General assessment	Note
Paint faded over time	May be ordinary wear	The duration of the lease, age of the paint and manner of use matter.
Large unrepaired damage to a wall	Tenant liability may arise	The move-in record and reasonable repair cost are examined.
Reasonable surface wear on flooring	May be ordinary wear	Intensity of use, duration and age of the flooring are considered.
Burn mark or deep impact damage	May be use contrary to the lease	It should first be established whether the damage existed at move-in.
Failure of an old appliance at the end of its economic life	May not be charged to the tenant if there is no fault	Maintenance, age and cause of failure may require expert assessment.
Appliance broken through misuse	Tenant liability may arise	Service reports and conditions of use are important.

This table is not a list of automatic outcomes. The same mark may be assessed differently in a three-month-old property and a ten-year-old property. A landlord’s demand for the full cost of replacing an old item with a new one may also be excessive; age and depreciation should be considered.

What Should Be Included in the Key-Handover Report?

Names, identity or tax details and contact addresses of the parties
Full address and independent-unit details of the rented property
Date and time of handover
Number of keys, cards and remote controls returned
Electricity, water and natural-gas meter readings
Condition of fixtures and inventory
Any visible defect or damage
Status of rent, service charges and utilities
Amount, refund date and payment method of the deposit
Reservations and explanations of the parties
Signatures and confirmation that each party received a copy

If the report contains a broad phrase such as “the parties have no remaining claims,” make sure that all rent, damage and deposit accounts have actually been settled. If the tenant has not yet received the deposit, vague wording that may operate as a release should be reviewed carefully before signature.

What If the Landlord Does Not Attend the Handover or Refuses the Keys?

Leaving the keys with a building attendant, placing them in a mailbox or abandoning them inside the property may not always constitute valid delivery. The date and recipient of the keys are relevant to the date on which rent liability ends. If the landlord does not attend the arranged appointment, written invitations, a notarial notice or another suitable method of delivery may be considered.

The return of the keys and physical vacation of the property should generally coincide. Even if the tenant has removed all belongings, a dispute over use and rent may continue while the keys remain with the tenant. The guide on How to Start the Eviction Process may also be useful when considering notices and timing.

When Should the Deposit Be Returned?

If the deposit was paid directly to the landlord, it should be returned after the lease ends, the keys are delivered and rent, ancillary expenses and damage claims are assessed, unless there is a justified deduction. The Code does not set one fixed refund date for every direct payment; the lease and specific circumstances are examined in a dispute.

If the security was placed in a blocked bank account as provided by law, the bank releases it with the consent of both parties, on the basis of a final enforcement proceeding or a final court judgment. If the landlord does not notify the bank in writing within three months after termination that proceedings or a lawsuit relating to the lease have been initiated, the bank must return the security at the tenant’s request.

A One-Minute Case Example

Scenario: A tenant leaves a property after four years. There was a small crack in the kitchen worktop at move-in, but it was not written in the move-in report. The tenant has an original dated photograph from the moving day showing the crack. At move-out, the landlord says the entire worktop must be replaced and retains the whole deposit.

Which records may be decisive?

The original move-in photograph, the move-out condition, whether the crack has enlarged, an expert or service opinion, the age of the worktop and the possibility of repair rather than replacement may be examined. The landlord is not automatically entitled to the full cost of a new worktop. If the crack is proved to have existed at the beginning, the tenant’s liability may change substantially.

What Should You Do in Different Situations?

If the landlord says, “I will not return the deposit unless you repaint the property”

Compare the condition of the paint at move-in and move-out, the duration of the lease and the contractual provisions. Ordinary deterioration resulting from proper use should not be charged to the tenant. Unusual stains or damage should be assessed separately.

If the final service charge or utility bill has not yet been issued

Instead of holding the whole deposit for an indefinite period based on an estimate, meter and management records can be used to establish a reasonable written calculation. If a deduction is made, the supporting document and calculation should be requested.

If the deposit was paid in cash without a receipt

The deposit clause in the lease, messages, a bank withdrawal, witness evidence and the landlord’s written acknowledgment may be examined. The amount and delivery of the deposit should be supported by written records as far as possible.

If the landlord refuses to sign the handover report

Preserve the move-out photographs and videos, witnesses, written invitation to handover and method of delivering the keys. A unilateral report may be weaker than a report signed by both parties, but it may still be significant together with other records.

Common Mistakes Made by Tenants

Losing move-in photographs and the lease
Taking photographs before the property is fully empty or cleaned
Failing to obtain proof that the keys were delivered
Failing to record meters and subscription status
Signing a broad release before the deposit is refunded
Failing to request photographs, invoices and service reports supporting the landlord’s damage claim
Sending insulting or threatening messages during the dispute
Ignoring the contractual consequences of leaving early

What You Can Do Today

Collect the lease, deposit receipt and move-in report in one folder.
Mark defects that already existed by using earlier photographs.
Create a room-by-room checklist for the move-out recording.
Propose a handover date to the landlord in writing.
Check the status of meters, subscriptions and service-charge debts.
Prepare two copies of the key-handover report.
Notify the bank account and a reasonable refund date in writing.

What You Should Not Do

Do not leave the keys somewhere without provable delivery.
Do not sign an empty report or one that can be completed later.
Do not accept “I have no further claim” without thought before the deposit is paid.
Do not filter photographs or rely on one compressed copy.
Do not escalate the dispute on social media or in front of neighbours.
Do not assume that the final month’s rent can always be unilaterally deducted from the deposit.

From the Lawyer’s Desk

In a deposit dispute, the most valuable evidence is often not one photograph taken on the move-out date, but a comparative chain of records running from move-in to move-out. The age of the property, duration of use, initial condition of the fixtures and date on which the keys were returned should be considered together. A detailed handover report can prevent many later disputes before they begin.

Frequently Asked Questions

Can the landlord retain the entire deposit because of damage?

The existence of damage, the tenant’s responsibility, reasonable repair cost and other debts must all be assessed. The landlord should be able to document the deduction. Ordinary wear and damage that already existed at move-in should not be charged to the tenant.

Can the tenant use the deposit as the final month’s rent?

The deposit is not automatically a payment of the final month’s rent. Unless the parties expressly agree, failure to pay the final rent may create default and enforcement risk. Any set-off should be documented in writing.

Can money be deducted if the property is returned without being repainted?

The move-in condition, duration of the lease, ordinary wear and contractual terms are examined. Complete repainting is not automatically required at every move-out. Repair costs may arise where the tenant caused unusual damage.

If there is no key-handover report, can the deposit still be recovered?

Yes. The report is important but not the only form of proof. Messages, witnesses, photographs, video, delivery to a new tenant, closure of utility accounts and other records may be used. A written key-handover document nevertheless makes the process considerably easier.

When should the landlord notify damage?

Defects visible during an ordinary inspection should be notified immediately in writing at the time of return. Hidden defects discovered later should also be notified without delay.

What can be done if the deposit is not returned?

A written demand and calculation may first be requested. Depending on the dispute, mandatory mediation, enforcement proceedings or a lawsuit may follow. The payment of the deposit, termination of the lease and lack of justification for the deduction should be proved with records.

Relevant Legislation and Official Sources

This article is provided for general information. Deposit, damage and handover disputes vary according to the lease, condition of the property and the records held by the parties. It does not constitute personalised legal advice.

Attorney Selin ÖNEM KONUR on LinkedIn

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